9 Jun 2011
RARERE v PHILDAGAP LIMITED HC WN CIV- 2011-485-679
- Citation
- openlaw-07e0bdfe_3bb1_4853_88dc_9c1f773a3ed5.pdf
- Court
- High Court
Applicants established a reasonably arguable case of an equitable or quasi-equitable easement by implied grant over the area containing the lift equipment and the Court is not satisfied on the material before it that Phildagap holds an indefeasible title that defeats that arguable interest (given unresolved issues about s97's effect and possible fraud); accordingly the caveat must be preserved pending substantive determination.